Ainsley v. United States

OPINION

LYDON, Judge:

Plaintiff has alleged in her amended complaint,1 filed on February 28, 1985, that the combination of two Acts of Congress resulted in a taking of her property without just compensation in violation of the fifth amendment to the United States Constitution. The court has before it defendant’s motion to dismiss plaintiff’s amended complaint pursuant to RUSCC 12(b)(1) and 12(b)(4) and plaintiff’s opposition thereto. In defendant’s motion to dismiss it asserts that (1) defendant has not taken plaintiff’s property and (2) plaintiff’s claim is not ripe in that she has failed to…